Other source used

Other source used

MATERNITY LEAVE

"The State recognizes the unique status and natural maternal functions of women in society and undertakes as a result to take appropriate measures to ensure that a working mother is afforded special protection with regard to paid leave and her conditions at work during such reasonable period as provided by law before and after childbirth."

Constitution of Seychelles §30

Scope

Maternity protection under the Employment Act and Conditions of Work Regulations covers:A female worker under a contract of continuous employment or, subject to sub regulations(3),under a contract for a fixed term or part-time.(Female employees aged 15 years and above) including public servants.

Extension

Leave in case of illness or complications

Sick leave on medically certified illness resulting from pregnancy or confinement.(An aggregate of 30 paid days in a year period and an aggregate of maximum 60 days unpaid sick leave after the exhaustion of paid sick leave))

RELATED TYPES OF LEAVE

Parental leave

Not provided.

Employment Act 1995 Conditions of Employment Regulations 1991

Paternity leave

Scope

The Employment Act applies to workers under a contract of continuous employment or, subject to sub regulations(3),under a contract for a fixed term or part-time.(employees aged 15 years and above) including public servants.

Employment Act 1995

Qualifying conditions

Although there is not provided an statutory paternity leave, the compassionate leave does not have qualifying conditions to be entitled to.

Conditions of Employment Regulations 1991 §10.1

Length

The Seychelles does not have this type of leave but under the Employment Act and Conditions of Work Regulations, male employees in the private and public sectors are entitled to up to four days of paid leave for compassionate reasons (for the death of a close relative and not only). Leave taken in excess of four days within a 12-month period is unpaid. A worker must also be allowed reasonable time off work, with or without pay at the discretion of the employer, to attend matters which cannot normally be attended to except during the workers working hours.

Qualifying conditions

A woman, being a person covered, shall be entitled to maternity benefit for a prescribed period if-a. her confinement, or expected confinement, for childbirth is certified by a medical practitioner in a form approved by the Minister;b. she was in employment, either as an employed person or self-employed person, immediately prior to the period of which she is claiming benefit; andc. she is not entitled to any other benefit, other than survivors benefit.

Amount

A flat monthly rate. The percentage of wage is not stipulated in the Social Security Act of 2010.Where a medical practitioner certifies in a form approved by the Minister that the person covered(maternity cash benefit) is incapable of work on account of her confinement, or expected confinement, for childbirth for more than the period prescribed under section 6, the person covered shall be entitled to sickness benefit under and in accordance with section 5 and thereafter to invalidity benefit under and in accordance with section 10.

Financing of benefits

Social Security Fund.Payments to be made into the Fund shall include-(a) all rents, interest on investments and other income derived from the assets of the Fund;(b) such sums as may be provided by the Government for the purposes of this Act or as may be received and accepted by the Director on behalf of the Fund.

Paternity leave benefits

The Seychelles does not have this type of leave, but under the Employment Act and Conditions of Work Regulations, a worker in the private and public sectors is entitled to up to four days of paid leave for compassionate reasons (for the death of a close relative and not only). Leave taken in excess of four days within a 12-month period is unpaid.

MEDICAL BENEFITS

Pre-natal, childbirth and post-natal care

The only provision found in the Labour Code on this matter stipulates that "where a worker on an outer island is ill and facilities for his treatment are not available on the island or where a female worker or wife or concubine of a worker is pregnant, the employer shall, at his expense, arrange for the repatriation of the sick worker or of the pregnant woman to Mahe or to a hospital or health centre where adequate care and treatment are available".

There are no medical benefits provided for circumstances such as pre-natal, childbirth and post-natal care benefits for female workers in the Social Security Act, and it was not possible to access to the Social Security Act regulations in order to confirm whether or not female workers or pregnant wives or pregnant partners of male workers are entitled to any medical benefit.

The Ministry of Health of Seychelles through its official website does not mention any medical benefit for women during pregnancy, childbirth and the post-natal period. Nonetheless, the official website of the Government of the Republic of Seychelles inform the following:Any resident of Seychelles may use the maternity care services offered.You need to go to your respective health centre.

Financing of benefits

According to the official website of the Government of Seychelles:For citizens or residents of Seychelles who are government employees, the service is free.For non-citizen residents who are employed in the private sector have to pay for the service. The price depend on the extent at which the service is used.There is not further information available on this subject.

Government of Seychelles.

HEALTH PROTECTION

Arrangement of working time

Night work

From her sixth month of pregnancy and up to three months after her confinement, a female worker may not be employed at night between the hours of 22:00 and 5:00.

Conditions of Employment Regulations 1991 §23(1)

Overtime

From her sixth month of pregnancy and up to three months after her confinement, a female worker may not be employed on overtime work.

Conditions of Employment Regulations 1991 §23(1)

Work on rest days

It is not forbidden neither for pregnant workers nor for breastfeeding mothers. Nonetheless, is also established, that an employer shall grant to his/her workers at least 24 consecutive hours rest in any period of 7 days.

Except in an essential service, an employer shall not require a worker, other than a shift-worker or a watchman, to work on holidays. Nevertheless, is also established in a posterior legal provision in the same regulations, that nothing in the preceding provisions shall be construed as preventing an employer who requires any worker to work on a holiday from agreeing to allow double pay for that day or an alternative holiday at the workers option.

Employment Act 1995 Conditions of Employment Regulations 1991 §4,5.4

Time off for medical examinations

Not provided expressly neither for pregnant workers nor working mothers. Even-though, it has been stipulated that a worker shall also be allowed reasonable time off work, with or without pay at the discretion of the employer, to attend to matters which cannot normally be attended to except during the workers working hours.

Employment Act 1995 Conditions of Employment Regulations 1991 §10.3

Leave in case of sickness of the child

Not provided.

Employment Act 1995 Conditions of Employment Regulations 1991

Dangerous or unhealthy work

Risk assessment

» Assessment of workplace risks

There are not special measures enacted on the assessment of working places in order to protect health and safety neither of pregnant workers nor of breastfeeding mothers. However, it has been established a general duty in the head of every employer to ensure, the health, safety and welfare at work of all his employees and to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

» Adaptation of conditions of work

There are not special measures provided to protect health and safety neither of pregnant workers nor of breastfeeding mothers. However, it has been established a general duty in the head of every employer to ensure, the health, safety and welfare at work of all his employees. Among the duties are: the arrangement for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances, the provision and maintenance of a working environment for his employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.

» Transfer to another post

At any time during pregnancy and up to three months after confinement, if a female worker produces a medical certificate stating that a change in the nature of her work or duties is necessary in the interest of her health or that of her child, she has the right to be transferred to other work or duties appropriate to her condition without loss of wages.

Conditions of Employment Regulations 1991 §23(2) and (3)

» Paid/unpaid leave

Where a transfer is not possible, the female worker is entitled to sick leave(paid).

Conditions of Employment Regulations 1991 §23.3

» Right to return

It is not expressly provided the right of a female worker to return to the same job she was performing before taking her sickness leave during pregnancy if the transfer to other job was not possible and/or after returning from her maternity leave.

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

Anti-discrimination measures

There are not special measures adopted in favor of women, pregnant workers and/or working mothers in this sense.There is a Constitutional right in favor of all persons: "Right to equal protection of the law (1)Every person has a right to equal protection of the law including the enjoyment of the rights and freedoms set out in this Charter without discrimination on any ground except as is necessary in a democratic society. (2) Clause (1) shall not preclude any law, programme or activity which has as its object the amelioration of the conditions of disadvantaged persons or groups".

Constitution of Seychelles §27

Prohibition of pregnancy testing

Not prohibited.

Employment Act 1995 Conditions of Employment Regulations 1991

Protection from discriminatory dismissal

Notice of termination shall not be given to a worker while that worker is on sick leave or pregnant or on maternity leave unless the competent officer so authorizes.

Employment Act 1995 §57.3

Burden of proof

It is not established a burden of proof in employers head in case of discriminatory dismissal of a pregnant worker or of a worker on maternity leave.

Employment Act 1995 Conditions of Employment Regulations 1991

Guaranteed right to return to work

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